Turner v. Blue Ridge Ry. Co.
Turner v. Blue Ridge Ry. Co.
Opinion of the Court
The opinion of the Court was delivered by
Plaintiff sued to recover damages for the destruction of his goods by fire under circumstances making defendant liable for the loss.
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Appellant’s attorneys do not question the rule or its wisdom ; but they contend that, under the circumstances of this case, particularly the fact that plaintiff volunteered the statement that he burned his own house, and did not attempt to explain it, until the next day, was sufficient to make it a material matter in this case, and an exception to the rule as to this witness. We do not think so. The matter of plaintiff’s previous losses by fire was brought out by defendant on cross-examination. While this was permissible, on cross-examination, for the purpose for which it was intended, to attempt to prove by plaintiff himself facts and circumstances which would tend to discredit his testimony, nevertheless the questions asked related to matters not relevant to the issue being tried. That does not mean that the credibility of *14 plaintiff as a witness was not a material matter. But that was not the main issue, which was the amount of his loss. His credibility was a secondary issue only by reason of the fact that he testified to the amount of his loss, which he might have proved by other witnesses. The law recognizes the importance of the credibility of every witness, and prescribes the modes in which it may be impeached, which is most commonly done by proving the relevant facts to be otherwise than as testified to by him, or by contradicting him as to previous statements made with respect to relevant facts, or by proof that his general character or reputation for veracity is such that his testimony is unworthy of belief. He may be expected to be prepared at all times to defend his general character, or his general reputation for veracity, and the consistency of his testimony as to the matters in issue with itself and with his previous declarations with respect to the same matters. But it would be unreasonable to expect every witness to be prepared at all times to defend or explain every alleged act or utterance of his past life, which he might readily and easily do after notice and opportunity for preparation. Another cogent reason for the rule is that the trial of causes would be unnecessarily delayed and prolonged by the injection of irrelevant issues, and the attention of the triers of facts would be so distracted from the real issues that these might be obscured or entirely overlooked. We see nothing in the circumstances of this case which calls for a departure from the rule, the wisdom of which has been verified by experience and attested by the sages of the law. The authorities cited in the brief of respondent’s attorneys fully sustain this conclusion.
Judgment affirmed.
Reference
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- Syllabus
- 1. Witnesses—Refreshing Memory—Memoranda.—Witnesses, in an action for damages from fire, who, being familiar with plaintiff’s stock, made a memorandum, soon after the fire, of the burned goods, may refresh their memory therefrom. 2. Witnesses—Contradiction—Coixaterae Matters.—The main issue in an action for damages from fire being the amount of plaintiff’s loss, and plaintiff, being asked questions to affect his credibility, including one whether he had told a person that he had set another fire, being collateral matter, may not be contradicted thereon.